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IPC appeal denied
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Coupon-mad wrote: »Just draft something in reply, stating they have no case and you have since discovered that IAS decisions are widely considered biased towards the parking operators, and that the IPC and their owners do not come to these matters with clean hands.
Remind them that the tariff was paid and that their App failed to comply with the requirements for a distance contract. Had clearer information about the alleged 'contract' been supplied at the time of the transaction, as required in Consumer Law, you would never have agreed to pay a penalty AS WELL AS the tariff and would have noticed the VRN error, but they failed to transparently repeat the full contractual information to you, in the text data exchanged.
State this is the very essence of an unconscionable penalty which was held by the Supreme Court in ParkingEye Ltd v Beavis, [2015]to be punitive, disproportionate to the small tariff and thereby, unrecoverable.
Tell them to bring it on, if they think they have a cause of action, because at least small claims are not the kangaroo court that the IAS is widely known to be. And that you will not enter into further correspondence wasting your time, but will claim for punitive costs in your defence and Witness Statement, should they commence proceedings knowing full well that the tariff was paid, and knowing that their own App fails to set out the contractual details as required in law.
Hot damn. That is amazing. Thank you so much.
You've made my Saturday night!
I'll let you know how it goes! :T0 -
Hi, I've drafted something (and by drafted I mean I've reworded what you've said haha).
Just a quick one also - the text message sent to me does state the VRN. Should I still go ahead and include this the text did not include the full contractual information?
This is what I've got below: (thanks again)
I am writing to you in response to a letter sent on (DATE) regarding a parking ticket issued on (DATE).
Since my last appeal, I have discovered that IAS decisions are widely considered biased towards parking operators such as yourselves. With this in mind, I believe that your company has no case to further pursue this ticket.
I would like to remind you that the tariff was paid and the application used to purchase said ticket failed to comply with the requirements for a distance contract. If I had been supplied with clearer information about the alleged contract during of the purchase of the ticket, as required by Consumer Law, I would never have agreed to pay a penalty as well as a tariff. The registration number error would have also been noticed by myself had you accurately supplied full contractual information in the text data supplied.
This is the very essence of an unconscionable penalty, which was held by the Supreme Court in ParkingEye Ltd V Beavis [2015] to be punitive, disproportionate to the small tariff and thereby, unrecoverable.
I will not enter into further correspondence with your company, as it has already taken up too much of my time. However, if needed, I will claim for punitive costs in my defence and Witness statement if you do commence proceedings knowing full well that the tariff was paid, and knowing that the application used fails to send out the contractual details as required by law.
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the text message sent to me does state the VRN. Should I still go ahead and include this the text did not include the full contractual information?
Yes - and your draft looks good to go - because:
- the parking firm are unlikely to check niceties like what the third party texts said
and
- there are other informational requirements of distance contracts which they have omitted, it's just easier to mention the VRN and tie it to the fact you would never have agreed to pay £100 penalty and the tariff, had the contract information been clear. If this ends up in small claims, you can go into more detail about distance contacts and we will help.
When people are fully forum-assisted up to the hearing and don't just grab a defence and run, everyone here wins, pretty much, and small claims are not a worry v parking firm oiks.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks so much! I'll get it sent off today!0
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Update:
I sent the letter off on the 20th of June, and have just received a letter from BW Legal advising that my case has been passed to the legal team (as expected!).
There is nothing in their letter referring to the letter I sent - it just says the balance outstanding is now £100 plus their £60 associated costs.
It does advise that they have a portal where I can upload any disputes against the PCN.
Do you think I should do this? Or should I print off the letter and resend to the legal team, with a cover note explaining it was sent on the 20th June? Or both?
Thanks in advance again!0 -
Update:
I sent the letter off on the 20th of June, and have just received a letter from BW Legal advising that my case has been passed to the legal team (as expected!).
There is nothing in their letter referring to the letter I sent - it just says the balance outstanding is now £100 plus their £60 associated costs.
It does advise that they have a portal where I can upload any disputes against the PCN.
Do you think I should do this? Or should I print off the letter and resend to the legal team, with a cover note explaining it was sent on the 20th June? Or both?
Thanks in advance again!
and they are going to adjudicate?
you have already sent your appeal (with proof of postage) this has been ignored , and mentioned in a witness statement if needed ,
you are now playing poker , see who folds first , but as BW are being paid , they will go as far as they can , then !!!! up , or pull out ,Save a Rachael
buy a share in crapita0 -
Update:
I sent the letter off on the 20th of June, and have just received a letter from BW Legal advising that my case has been passed to the legal team (as expected!).
There is nothing in their letter referring to the letter I sent - it just says the balance outstanding is now £100 plus their £60 associated costs.
It does advise that they have a portal where I can upload any disputes against the PCN.
Do you think I should do this? Or should I print off the letter and resend to the legal team, with a cover note explaining it was sent on the 20th June? Or both?
Thanks in advance again!
Upload a copy of your last letter.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Hi all,
I'll upload a copy of the letter to them and explain it's been ignored.
Will update ASAP!
Thanks to all again,
Kayleigh0 -
The BW Legal site is not uploading my document, regardless of format (typical) so I have emailed them with the attached document!0
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This is getting even more frustrating, as I've now been 'blocked' from my BW Legal account when trying to enter my password and when I ask for a password reset, they never send me the email.
I feel like it's a ploy to get me to call them!
Might just forward my letter onto them through the post...0
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